Specialist injury claim solicitor, James McNally, considers the question, ‘How much compensation can I claim for an allergic reaction caused by a careless food provider?’
If you suffer an allergic reaction due to the negligence of a food provider, such as a restaurant or hotel, a fast food outlet or a shop, you may be entitled to make a food allergy claim.
What can I claim for?
Compensation for an allergic reaction to food is assessed on a case-by-case basis. There are a number of awards that can be claimed, and our lawyers will give separate consideration to each these:
- Pain and Suffering: The compensation that is awarded for the physical and emotional distress you suffer as a result of the allergic reaction.
- Lost Earnings: An award that reimburses you for any time you are forced to take off work due to the allergic reaction and your recovery. Any loss of earnings you are likely to incur in the future can also be recovered.
- Medical Expenses: This award covers the cost of any medical treatment you require, along with medication expenses, and any ongoing healthcare needs.
- Travel Expenses: If you incur travel costs for attending medical appointments then these can be reclaimed.
- Loss of Enjoyment: This is compensation for the loss of enjoyment of life, including missed holidays or social activities stemming from the allergic reaction.
How much can I claim?
The amount of compensation you can claim in a food allergy case will vary according to the severity of the reaction and its impact on you as an individual. According to the ‘Judicial College Guidelines’ in 2024, the compensation for ‘Pain and Suffering’ in cases involving moderate and severe allergic reactions can range between £3,710 and £18,020.
- Moderate Reactions: Compensation can range between £3,710 and £8,200 for a moderate reaction that results in significant discomfort from which the victim fully recovers within a few weeks or months.
- Severe Reactions: In cases involving more severe symptoms, such as those requiring hospitalisation or leading to long-term health consequences, compensation can range from £8,200 to £18,020.
It is important to appreciate that these figures apply exclusively to the ‘Pain and Suffering’ element of a claim for a food allergy. In addition to this figure, the victim can also recover compensation for their financial losses. These are set out above in more detail and include past and future loss of earnings, medical expenses, and travel costs, all of which can significantly increase the overall award of compensation.
How we can help
This is just a brief guide to what you can claim for and the amount of compensation you are likely to receive. But because every case is different it is important to seek an individual assessment of your case.
We provide a free case assessment service. All you need to do is contact us by phone or email and we will carry out a free review. We will also provide details of No Win, No Fee funding.
